Tag Archives: patent

IPSC Closing Plenary Session

Posted on August 4, 2023 by rtushnet

An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) … Continue reading →

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IPSC Breakout Session #4 Innovation/Copyright

Posted on August 4, 2023 by rtushnet

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Costly inefficiencies in supply and demand.         Virtually no one thinks … Continue reading →

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IPSC Breakout Session #3: Distributive Effects/Art and Music

Posted on August 3, 2023 by rtushnet

Bita Amani, Some More Equal Than Others: Critical Contexts for the (False) Promises of Intellectual Property Rights        IP and sustainable development goals: What is equality itself? Often formal equality is presented in the pretext of equal application … Continue reading →

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IPSC: Remedies and Creativity

Posted on August 12, 2021 by rtushnet

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most … Continue reading →

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IPSC Panel 9 – Crosscutting IP

Posted on August 5, 2021 by rtushnet

Derek E. Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Standard … Continue reading →

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WIPIP SESSION 8.A. — IP Theory (partial)

Posted on February 22, 2021 by rtushnet

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. Question: will users trust a new court? Trust in the court … Continue reading →

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WIPIP SESSION 6.A. Competition and Antitrust

Posted on February 19, 2021 by rtushnet

BJ Ard, University of Wisconsin Law School Competition With and Without IP in the Video Game Industry Negative space; a number of lessons. Character protection is meaningful: Pac-Man/combination of elements. Patents can cover some elements/game rules, but most gameplay won’t … Continue reading →

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WIPIP: PLENARY SESSION 3 — Why American WIP’ers Should Care About International Law

Posted on February 18, 2021 by rtushnet

Jerome H. Reichman, Duke Law School, Duke University Until 1994, there weren’t many options when a nation didn’t comply with IP treaties: complaints and retaliation against that country’s nationals. Then came TRIPS. Arbitration, including damages, became available; winner can also … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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intentional misleadingness obviates need for deception evidence

Posted on December 11, 2020 by rtushnet

Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; … Continue reading →

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